Can a defendant avoid double jeopardy by pleading guilty to a charge of misappropriating funds from a bank?

Whether a defendant's double jeopardy rights have been violated is a question of law reviewed de novo. United States v. Horodner, 993 F.2d 191, 193 (9th Cir.1993). We conclude that appellant was not punished multiple times for the same offense.

In order to determine whether bank fraud and misapplication of bank funds are the same offense, we look to congressional intent. We first use the rule of statutory construction announced in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932): "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." Id. at 304, 52 S.Ct. at 182. When applying this test, we focus upon the statutory elements of each offense, rather than on the actual evidence presented at trial. Illinois v. Vitale, 447 U.S. 410, 416, 100 S.Ct.

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